aidan amon vs mwananchi communication ltd 2021 tzhcld 425 13 october 2021
The applicant's contract was for service as a freelance advertising officer, not employment. The applicant controlled his own work, was paid by commission, and was not supplied with working tools or a salary. Therefore, no employer-employee relationship existed, and the CMA and court lacked jurisdiction over the...
Source-derived case information.
- Citation
- aidan amon vs mwananchi communication ltd 2021 tzhcld 425 13 october 2021
- Parties
- Applicant: Aidan Amon; Respondent: Mwananchi Communication Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 13 October 2021
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Employment Relationship, Contract for Service Vs Contract of Service, Jurisdiction of CMA, Unfair Termination
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aidan Amon
Applicant
Mwananchi Communication Ltd
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether there was an employer-employee relationship between the applicant and respondent
- 2 Whether the applicant was entitled to reliefs for unfair termination
Ratio Decidendi
The applicant's contract was for service as a freelance advertising officer, not employment. The applicant controlled his own work, was paid by commission, and was not supplied with working tools or a salary. Therefore, no employer-employee relationship existed, and the CMA and court lacked jurisdiction over the dispute.
Court Disposition
Application dismissed
Orders
- No order as to costs
Full Case Text
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